It was unclear how the Canadian Securities Administrators (“CSA”) would react to the rescission of the Cole Memorandum by Attorney General Jeff Sessions, we recently discussed, given that Canadian issuers with U.S. assets or operations rely on the regulatory framework created by each State based on the guidance and enforcement priorities set forth in the Cole […]

On January 4, 2018, Attorney General Jeff Sessions issued a memorandum to all U.S. Attorneys rescinding previous enforcement priorities of the Department of Justice related to marijuana, including guidance provided under the Ogden and Cole Memorandums. In the memorandum Sessions states that since Congress has prohibited the cultivation, distribution and possession of marijuana under the […]

In the summer, the State Legislature of California passed California Senate Bill 94 which effectively consolidated the two separate licensing regimes for medicinal cannabis regulations (the Medical Cannabis Regulation and Safety Act (“MCRSA”)) and recreational cannabis regulations (Adult Use of Marijuana Act (“AUMA”)) in the State of California.1 As a result the State of California […]

Introduction The Federal Government has set July 2018 as the target date for legalization of recreational cannabis in Canada. Until that time, recreational cannabis production, use and sale remains illegal. Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts1 was introduced on April […]

The laws relating to medical cannabis are rapidly evolving. The Marihuana for Medical Purposes Regulations (hereinafter the “MMPR”) required patients prescribed cannabis for medical reasons to purchase cannabis from a producer licensed by Health Canada. In Allard v. Canada1, the Federal Court found that this limitation was a violation of patients’ life, liberty and security […]